I'm not naming my mortgage company as I don't want it to come back at me but here is my situation.
In 2008 my wife and I bought a Church Parsonage Home from the Church right next door to us. We got the house for a good deal and it's our first home. Upon buying the house we knew we had to file for a split sheet and the homestead credit. Once we went to the Assessors office and such to find out how much our taxes on our property would be they told us that since the home was owned by the Church that the property is Tax Excempt as the house and the Church property are joined. The taxes on our house wouldn't be available until the next year.
In 2009 around June our mortgage company and us received our tax paperwork. The taxes it showed was owed was almost $4,000. On the bill it also said in big red letters. "DO NOT PAY THIS IS NOT A BILL". Being concerned we went to the Assessors office once again and they said that the $4,000 in taxes is for both the Church Property and our House property in one. And since the Church is tax excempt and that our house doesn't have taxes figured yet that we do not have to worry about it.
Come to find out 2 months later our mortgage company proceeded to pay that $4,000 in taxes out of our escrow. Well being that we just bought our house and our escrow wasn't built up enough that immediately put us in Foreclosure due to back taxes.
We tried contacting our mortgage company to get this problem solved and we either got the run around or was hung up on. We told the Assessor what happened and they cut us a check for almost $4,000 to take care of this problem. We sent it to the mortgage company for them to just send it back to us saying the funds were not enough.
We have been fighting this since 2009 and here it is almost 2013. We have had to hire 3 different lawyers. 1st lawyer took us for $1,500. The 2nd lawyer for bankruptcy to save our home lied to us. Now our 3rd lawyer for bankruptcy is saying we can't afford it.
We had no problem paying our house payment or other bills until this problem. We still could pay our house payment with no hitch. But the only way to stop foreclosure is to file bankruptcy. But since we are being told we can't afford bankruptcy we are on the way to losing our home. We have been severely stressed due to not knowing when we might lose our house for the past 3 years and our marriage has been on the ritz due to it as well.
My question is do we have a lawsuit on our hands?
Location: Northern Indiana